Recall order vs CA justices, House urged

MANILA, Philippines - The Integrated Bar of the Philippines (IBP) has asked the House of Representatives to recall a show cause order it issued against the three justices of the Court of Appeals (CA) for authorizing the release from detention of six officials of the Ilocos Norte provincial government.

The six have been detained at the House since May 29 for refusing to answer the questions of the committee on good government and public accountability during an inquiry into the alleged motor vehicle anomaly.

In a two-page statement issued over the weekend, the IBP board of governors urged the House committee to exercise sobriety and to avoid a conflict between the judiciary and legislative branches of government.

“Under the circumstances, it does not appear that the Court of Appeals has infringed upon, interfered with or denied the power or authority of the House of Representatives,” the IBP said in a statement signed by its national president Rosario Setias-Reyes.

The lawyers’ group reiterated an appeal issued last week by Chief Justice Ma. Lourdes Sereno and CA Presiding Justice Andres Reyes Jr. for House leaders to consider other “legal remedies provided under the law if they disagree with the CA order.”

The IBP said that House leaders could file a petition for certiorari with the Supreme Court if they believed the CA committed grave abuse of authority when it granted the officials’ bail request.

 Speaker Pantaleon Alvarez and other House leaders who issued the show cause order – Rep. Rudy Fariñas of Ilocos Norte and Rep. Reynaldo Umali of Negros Oriental – are members of the IBP.

The group asked the House to respect the authority of the CA to rule on a petition for habeas corpus filed by the officials, in the same way the contempt and detention power of the House must also be respected.

“A petition for habeas corpus was filed with the Court of Appeals questioning the officials’ detention for refusing to answer the questions of the committee. They invoked their constitutional right against self-incrimination. The petition was acted upon by the CA, as it is within its jurisdiction,” the IBP said.

 The CA earlier ordered the release of Ilocos Norte planning and development office chairman Pedro Agcaoili, budget officer Evangeline Tabulog, treasurer Josephine Calajate, and her staff Eden Battulayan, Encarnacion Gaor and Genedine Jambaro.

It also ordered House sergeant-at-arms Roland Detabali to explain why he should not be cited in contempt for defying the order. 

House officials refused to accept the CA orders, saying these were invalid as the appellate court has no jurisdiction over the matter.